Do Costs Matter?
…of the breach (i.e. fixed costs). In the case of semi-variable costs, ascertaining which parts of those costs are fixed and which parts are flexible can be a difficult exercise,…
…of the breach (i.e. fixed costs). In the case of semi-variable costs, ascertaining which parts of those costs are fixed and which parts are flexible can be a difficult exercise,…
…that tribunals sometimes attempt to compromise. But such instances are limited, and such compromises are generally reached on the allocation of costs, an area in which tribunals enjoy a fair…
…certain speakers criticized the Commission’s position and stressed the importance of access to arbitration in the build-up of a European area of freedom, security and justice. However, the recently reported…
…Cdn $3 million to cover one-half of its fees and costs in connection with the arbitration (para. 273). The result shows that – contrary to the concerns raised by critics…
…claim. All of Chemtura’s claims with respect to the regulatory treatment of lindane, a pesticide primarily used on canola seed, were rejected. Chemtura was ordered to pay the costs of…
…involved) as to justify the rising costs of arbitration. Therefore, it is likely a possible good route for NGO’s to consider in the sense of an added protection, but practically…
…Switzerland and Germany by failing to provide fair and equitable treatment and full protection and security. While it is evident that there is some groundswell of resistance to Zimbabwe’s land…
…providing parties with an extremely attractive framework of arbitration costs. This post focuses on this key aspect of costs, and how the Rules have the potential to bring about a…
…arbitration “takes too long” (with 56% of those surveyed strongly agreeing) and “costs too much” (with 69% strongly agreeing). Three main questions arise from these criticisms. The first is whether…
…Discovery costs would be treated as costs of the arbitration. The ICC rules, with respect to costs, provide in Article 31(3) that “The final Award shall fix the costs of…
…contracts that deals with the issue quite effectively.” There is no end to the discussion of arbitration as the new litigation, with all the attendant costs and delays. But the…
…claim. The Distributor’s further argument that an arbitral tribunal may not influence the state court’s decision on costs of the proceedings and, in particular, may not punish a party for…
…in additional costs. A dispute arose as to which party had to cover these costs. After a Dispute Avoidance Board recommended that Metrô compensate Via Amarela for the additional costs,…
…its finding that a treaty-based “full and protection security” obligation imposes an obligation of due diligence on the state and not strict liability for damages (and that this obligation is…
…can hardly be described as a trend, one might wonder whether the growing body of cases dismissing claims against host states, coupled with awards of costs against unsuccessful claimants is…
…enforce a secondary boycott against Israel. Almost nine out of ten Arab countries have concluded that the costs of continued enforcement of the secondary boycott outweigh the benefits. That’s also…
…abroad. In addition, the ICC Court of Arbitration had requested the Republic to pay an additional advance on costs, which the Republic might not be able to recoup would the…
…the costs and duration of a case, as parties are obliged to reckon with one or more amicus briefs. Whatever one’s views on the value and propriety of amicus curiae…
…adept at case management; and (10) establishing more creative fee structures for resolving disputes. These are just a few ways that one could avoid the increased costs and delays of…
…and how it functions? Can we understand better the incentives, costs and benefits that motivate actors so we can align them to optimal outcomes? Ontological, epistemological, normative, empirical, methodological and…
…there needs to be a clear pathway to enforcement, in some jurisdictions the relevant arbitation law will permit appeals – allowing time to run on and further costs to be…
…judicial remedies to protect the personal security of a foreigner. In numerous other opinions, however, the General Claims Commission commented specifically on when States can be liable under international law…
…agreement, penalty, interest and arbitration costs. The debtor did not execute this award voluntarily, and the creditor applied before the Moscow city Court to enforce the award (at that period…
…(the authority of the arbitral tribunal and of the courts) • Document production • Confidentiality • Allocation of costs and fees • Qualifications required of arbitrators • Time limits •…